State and Federal Court Systems Standard: Discuss Article III of the Constitution as it relates to judicial power, including the length of terms of judges and the jurisdiction of the Supreme Court.

Federal Court System Original Jurisdiction: Lowest court’s authority over an issue Appellate jurisdiction: Authority over appeals from lower courts

State and Federal Court Systems

` Superior Courts 58 Trial Courts (1 in each county) All criminal cases, All civil cases, appeals of small claims and other civil cases worth $25,000 or less, Appeals of misdemeanor cases State Appeals Court Appeal their trial court decisions State Supreme Court Death Penalty appeals, Disciplinary cases involving judges or lawyers State Court Structure

Divorce and child custody Probate and inheritance Real estate Juvenile matters Criminal charges Contract disputes Traffic violations Personal injury State Court can consider cases where:

` Specialty Courts: US Claims Court, Bankruptcy Court, Tax Court (Courts of original jurisdiction) Federal District Court (Court of original jurisdiction) Federal Appeals Court (Court of appellate jurisdiction) Supreme Court (Court of last resort; decides constitutional issues) Federal Court Structure

There is a real legal problem. They cannot make decisions about hypothetical cases The plaintiff was in some way legally harmed by the defendant The law the two parties are arguing about was meant to deal with the problem they are having The court legally has the power to solve the problem The issue the two parties are arguing about is still a problem that matters. Federal Court can only consider cases where:

State and Federal Court Systems

Federal Court System The Supreme Court selects the cases it wishes to hear. In only rare instances does the Supreme Court have original jurisdiction Cases involving two or more states Cases involving the U.S. and a state government or foreign ambassadors or diplomats. Most cases before the Supreme Court involve appeals from lower courts or cases the justices believe involve significant constitutional issues.

Federal Courts are specified in the Constitution They deal with issues whose nature is beyond the state and local level and are of a national concern or interest. Why does the U.S. need federal courts?

Appellate Courts serve as places where court decisions in question may be challenged. Why does the U.S. need appellate courts?

The Supreme Court serves as the interpreter of the Constitution It is the court of last resort Needed to settle disputes between states or ones in which foreign governments or citizens may be involved Why does the U.S. need A Supreme Court?

Where Would The Case Go???? Which court would each scenario likely fall under?

Employees of Chester Carpet Company Sued their employer for failing to make pension contributions as required by the Federal Employee Retirement Income Security Act

Federal District Court because it relates to federal law

Thomas was convicted in a federal district court for kidnapping a twenty-three year old woman. He decided to appeal the court ruling

U.S. Appeals Court because that is the next step up the pyramid from Federal District Court

Joe was arrested for burglary. He was tried and convicted in a municipal court but appealed his case based upon a question of the validity of eyewitness accounts.

State Appeals Court because the issue was not a federal case initially

The state appeals court refused to overturn a conviction of Alex for murder. He decided to appeal to a higher court.

State Supreme Court would be the next higher authority

Frances is being deported for lack of a proper visa. She sues the Department of Immigration.

Federal District Court because it involves a federal issue

Frederick is suing his former employer for back pay.

State court because no federal issue is involved

Mr. Smith believes he was not hired by a fast food restaurant because of his age. He sues the restaurant

Federal District court because it does involve a federal issue

Joe Running-Eagle represents a tribe of American Indians who were denied mineral rights for their reservation, as provided in an agreement with the Bureau of Indian Affairs. He sues for compensation in the name of the tribe

Either U.S. Federal District Court or U.S. Court of Claims depending upon the wishes of the plaintiffs lawyer

Harriet felt that she was discriminated against on an application for a federal civil service test. She sued the U.S. Civil Service Commission in a federal district court but lost her case. After losing a second time in the federal appeals court, she has decided to appeal again.

She has no where to go except the U.S. Supreme Court

John and his family believe they were served tainted food at a nearby restaurant. They sue the owner of the restaurant.

Municipal or state courts

The Justice Department wished to bring suit against several supermarket chains, with stores in many different states, for conspiracy to fix prices of grocery and meat products.

Federal District Court because of the status of the Justice department.

Arnold sued several manufacturers of asbestos because he claimed he had contracted asbestiosis as a result of direct exposure to their products.

Federal District Court because of the likely hood of involving federal legislation and individuals of several states.

Bernice wishes to challenge the Internal Revenue Service’s disallowance of a tax deduction she considers legitimate.

If she chooses to go to court before paying, she would likely go to Tax Court; an alternative would be to pay the amount in dispute and then sue for a refund in U.S. Court of Claims or a Federal District Court

The State of California initiated a class action suit against a leading woolen manufacturer, charging the company with a conspiracy to fix prices of certain blankets and items of clothing

This is a federal case because of the nature of the issue and would go to a Federal District court.

A group of farmers are seeking damages because they claim that the Army Corps of Engineers built structures in rivers that caused floods on their property which resulted in a reduced crop harvest and loss of income.

The farmers would probably seek relief in the U.S. Court of Claims